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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142241of Fort Collins Date: 04/22/2014 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9142241 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY CLERK CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/21/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Estimated Print Charges Xerox WC7775P Copier-12 Mos. 1 LOT LS 3,000.00 Xerox Work Centre WC7775P Copier/Printer System. Serial #: RFX-355267. Location: City Of Fort Collins - City Clerk's Office @ 300 LaPorte Ave., Fort Collins, CO 80521 Print Rate fixed for entire thirty-six (36) month Agreement . All S&W Prints @ $0.009 each. All Color Prints @ $0.0707 each. Consumable Supplies, Service, and Parts included in Per Print Rate. Per State of Colorado Xerox Price Agreement M 98526YYY11M/WSCA, Lewan & Associates quote dated 08/22/12, and Copier (MFD) Purchase Agreement signed 08/29/12. State of Colorado Central Services user fee of $.001 per print will be billed separately. Line 2 amount for twelve (12) months estimated total Print Charges thru 03/31/15. Replaces PO# 9124699. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Cry of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98U4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Serum 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defecs of damage in tmmit may be mumd to you for credit and are not to be replaced except upon receipt of written instructions form the City of Pon Collins. Inspection. GOODS ate subject to the City of Fort Collins inspection on .naval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authoved payment on the pare of she City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon ema,le ion rf all applicable required inspection procedures. Freight Tems. Shipments must he F.O.B., City of Fan Collins, 700 Woad St., Fan Collins, CO 80522, unless otherwise speci fid on this order. If permission is given to prePay freight and charge aepmstely, the original freight, bill most accompany invoice. Additional charges for packing will not be macrame. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expensed farm the nearest distribution point to destiwtion and excess freight will b<deducted farm Invoice when sbipowes are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary peMr., cereifeame, and licenses rryuird by all applicable laws, regulations, ordinances and wiles argue state, municipality, reinter, or political subdivision where the work is performed, or required by any other duly constitumd public authority havingjuridiction over the work of vendor. Seller Earlier agrees to held the City of Fan Collim harmless from and against all liability and loss andtarred by them by rean of an assumed or established violation of any such laws, regulations, ordinances, rules soremannoens. Authorization. All Panics to this contract agree that the representatives arc, in fact, bore Erie and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order capressly limits weepunce W the terns and conditions stated herein set both and any supplementary or additional terns and conditions annexed hereto or incorporated herein by mfereme. Any additional or different mots and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the osmace. Delivery and performance must be effected within the time smell oa the purchme .her and the documnns mmebnl hereto. No acs of the Pumhasers including, without limitation, acceptance of radial lam deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable reaches, the option of placing this aide, elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofci,il or military authorities, governmental priorities, fires, snakes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller find received knowledge thereof. In the es'etn of any such delay, the date of delivery shall he extended for the period equal to the time mtually lost by reason of the delay. 3. WARRANTY. The Seller warmarries, that all goods, milles, mamdsls and work covered by this order will cunt with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, ad performed with the highest degree of cart and competence in accordance with accepted standard for work of a imilar wore. The Seiler agrees 1. hold the purchaser levmless from any loss, damage or expense which the Pmcbaser may suffer or incur on examum of the Sellers breach of waramV. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults raising within one (I) year or within such longer period of time as may be prarnbd by law or by the toms of my rpplicable wamnry, provided by the Seller after the dam of cceptance of the good fumuhd hereunder memoriam act to he unreawrubly delayed), resulting form imperfect or defective work done or materiak f ishd by the Sella. Acceptance or use of good by the purchaser shall not wins fific a waiver of any claim wrier this warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the bench of any of the foregoing warranties or guarenr es, but such liability shall in no event include lass of profs or loss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS The Purchaser may make changes to legal teas by wrinm change ohm. 5. CHANGES IN COMMERCIAL TERMS. The Purchaur may make any changes le he toms, other than legal toms, including addumes to cr delNions from the quantities ongirully ordered in the specifications or drawings, by verbal or wdmm change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wri en change order, terminate this agreement as to any or all p.nioas of the goods then not shipped, subject to any equitable adjustment bmveen the parties as to any work or materials then in pmgess provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncampletd portion of the good and/or work, for incidental or consequential damages, and that no such adjumment he made in favor of the Seller with respect to any good which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in shad compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations vomited to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from AI toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfea or convey this order, or any monies due or to become due hereunder without the prior written consent ofihc.,he, any. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser fro all equipment, materials, and items fumishd in performance of this agreement, free and clue of any and all liens, restrictions, teservaeiotts, security interest encumbrances and claims afothers. I I.NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or mnWies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the scceptance of or payment for goad' hereunder or approval or the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the purchaser to insist upon strict performance here.(., any of its rights or remedies as to any such goods, regon less of when shipped, received or accepted, as to any prior or subsequent default bemundea nor shall any pmponed am] modification or rescission of this purchase order by the Purchase, operate as a waiver of any of the mans hereof. 11 ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogniss that in moral economic practice, overcharges resulting from antitrust variations art in but home by the Purehaser. Tomorrow, for good tame and as consideration for executing this purchase owes, rise Seller hereby assigns to the Purcfaser any and all claims it may rww have or hereafter acquired under federal or sum antitrust laws for such overcharges relating to the particular good or services purchased or exam d by the Purchaser pursuant in this purchase when. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puohuer dancers the Seiler to emrem nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its holiday a, unwilliri pew to comply, are Purchaser may cause the work to be Performed by the most expeditions meal available to it, and the Seller shall pay all rose arswcimd with such work. The Seller shall ¢lease the Purchaser and is contractors of any her tram all liability and claims of any amtere resulting from the performance of such work. This relesw shall apply even in the event of fault of negligence of the Party released and shall extend to the directions, officers and employees ofs.xh party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save armless the Purchaser tram any and all claims for infringement by ceases of the use .f such patented design, device, numeral or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obligd to pay by reason of such infringement at any time during the prosecution or van the completion of the work. In case said equipment, or any part thereof or the immdd use critic goods, Is in such soil held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, err its own expense and .1 its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes m arafringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of credimrs, apmaim a receiver or tosme for any of the Sellers property or business. Nis order may bonhwllh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defniliow arm. used or the interpretation wrthe agreement and the right of all panes hereunder shall be tendered under and Reserved by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenutivds). o. the pmnises traders. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in case of any weident, destruction or injury o the work mrNm materials bed Seller's frel completion and cceptance, complete the work m Sellds awn expense and to the smisfimu n of the Purchaser. When mmerials and equipment am Pomuhd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at tax, site and become raporsible therefor as though such materials cracker equipment were being famished by the Seller under the order. I8. rPSURANCE. The Seller shall, a1 has own expense, Provide for the payment of workers compcnsetirn including occuPatowl disease benefits, to its employees employed on or in connection with the work covered by this Purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be dmm. The Seller shall mso cart, comprehensive gmeml liability including, but not limited to, contractual rah automobile Public liability insurance with Wily injury .col death limits of at least 530judgm, for my one person, S500,000 tar any one accident and property damage limit Pm accident of S400.000. The Seller shall likewise require his ontmdars, if any, to provide for such compossmom and insurance. Before any of the Sellers or his mntmcmrs employees shall do any wok upon the promises of others, the Seller shall fumuh the Purchaser with a certificate tam such compensation and insurance have been provided. Such certificates shall specify the date when such eompereation and insurance have been provided. Such certificates shall specify the date when such compensation and insurcence expires. The Seller agrees that such compensation and insurance shall be, maintained until offer the more wok is compared and stomped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more rrapomlbility and liability for any and all damage, loss or injury army kind or nature whosoever ro persons or property commit by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any r all of the Franchisers officers, agents and employees form and against any and all claims, losses, damages, charges or expert whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors effects, agents or employees. In case any suit or other proceedings shall be margin against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other li m be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contracmrs shall coke all safety pmcautiow, boarish and install all guards necessary for the prevention of accident, comply with all laws and regulations with mgah o safer, including, but without, limitation, the Occupational Safer, and Health Act of 1970 and all mlcs and regulations issued pursuant thereer. Revisd 03I2010